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Defective Firearm: Has a Firearm Defect Caused Injury Due to Misfire?


A firearm is like any other consumer product: You expect it to work like it’s supposed to, and you expect it to be reasonably safe for proper use. When used properly firearms can cause significant harm, of course, and they certainly can cause harm when used improperly. However, if you handle your gun carefully and with appropriate respect, and you or a loved one are injured by a defect-induced misfire, you are entitled to compensation. Read on to learn about gun misfire injuries and how to hold the responsible parties liable. For help obtaining compensation after a defective firearm accident in Dallas, call a dedicated Texas defective products attorney for assistance.

Defects and Misfires Happen

Gun accidents hurt or kill thousands of people every year. According to safety experts, close to 500 people across the country die in unintentional gun incidents each year. Over a quarter of unintentional gun death victims are children under the age of 20. More than 27,000 people are sent to hospital emergency rooms for unintentional firearm injuries. While many of these incidents involve unintentional shootings, many occur because of defective firearms.

Holding a Gun Manufacturer or Other Parties Liable

Gun manufacturers have a legal obligation to sell products that are fit for ordinary, foreseeable use. Bullet manufacturers have the same obligation. When a company designs, sells, distributes, or manufactures a product that is dangerously defective and that defect causes injury, the responsible company can be held liable for the damages that occur as a result.

To hold the firearm manufacturer liable, you’ll need to demonstrate that the firearm was indeed defective and that the defect led to your injury. Common firearm defects include:

  • Overly sensitive triggers (hair trigger)
  • Faulty gun safety device
  • Ammo case head separation
  • Hang fires
  • Delayed discharge
  • Bullet stuck in barrel during firing
  • Slam fire
  • Dangerously defective design (e.g., a gun that needs the safety switch off in order to load or unload)
  • Defective chamber indicators
  • Defective firearm accessories
  • Malfunctioning hammer
  • Failure to eject shells properly

The defect may have been caused by the firearm’s original design, the manufacture of the gun, or the design or manufacture of other gun parts or accessories. Whichever party is responsible for distributing a faulty firearm to you or your loved one can and should be held liable for the damage caused. Parties that may be liable for your damages include:

  • Firearm manufacturer
  • Bullet manufacturer
  • Distributor of unlicensed accessories
  • Gun range operator, hunting outfit, or other rental company that lent you a faulty firearm
  • Retailers of defective guns or ammo with knowledge of defective products

Talk to an experienced defective product lawyer if you or someone in your family was hurt by a defective firearm misfire. You may have a substantial claim for damages against one or more parties in the manufacturing and distribution process.

The Turley Law Firm began handling firearm injury cases in the 1980s and can help you with your case. If you or a family member has been injured in a Texas gun misfire accident, please contact the Turley Law Firm online or call 214-691-4025, or email today to schedule your free consultation. Our experienced Dallas attorneys serve clients throughout Texas and multiple Southern and Southwestern states.

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